Jury deliberations are underway in the criminal trial of Victor Malavet, 62, who stands accused of repeatedly raping a then-16-year-old girl in 2001 while he worked as a youth counselor at a state-run juvenile detention facility.
Prosecutors cast Malavet as a predator who “took what he wanted from a child” when he allegedly raped Natasha Maunsell, 39, several times while she was detained at the former Youth Detention Services Unit (YDSU) in Concord more than 20 years ago.
Malavet’s attorneys maintain the allegations are “all lies” designed to support Maunsell’s civil lawsuit against the state for the same alleged abuse.
The closely watched criminal trial is the first since the state Attorney General’s office announced a sweeping investigation into claims of rampant child abuse at the Sununu Youth Services Center, formerly known as the Youth Development Center (YDC) in Manchester.
Malavet is one of nine former state employees facing charges in connection with the state’s criminal investigation into YDC, though he is accused of committing crimes at the former YDSU in Concord, a separate but similar facility.
Defense claims ‘it’s all lies’
In closing arguments, one of Malavet’s attorneys, Jaye Duncan, told jurors, “The truth is, Natasha made these allegations to get paid.”
Malevet’s defense team has targeted Maunsell’s motivations from the start of the trial. They have repeatedly pointed out that Maunsell first made her allegations to police after speaking with Rus Rilee, an attorney representing most of the nearly 1,300 people suing the state over child abuse allegations at YDC, YDSU and more than 50 other youth facilities run or contracted by the state of New Hampshire. Earlier this year, a jury found the state civilly liable for alleged child abuse at YDC in the case of David Meehan and awarded him a historic $38 million, though that verdict is still in dispute.
According to Maunsell’s testimony, she has received approximately $150,000 in advance loans on her lawsuit, which is still pending.
“She lied,” said Duncan in her closing argument, “and if she gets caught lying, she has to pay that money back.”
Duncan also emphasized that Maunsell had previously denied any sexual contact with Malavet during an investigation close to the time of the alleged assaults in 2002.
Back then, “she told investigators that there was nothing going on,” Duncan said. “Today, she’s come up with 12 counts of sexual assault. Her story has changed countless times, but Victor Malavet’s has never wavered.”
Duncan also pointed out that in 2017, Maunsell indicated she was not a victim of abuse on a questionnaire that she filled out while incarcerated as an adult.
“She was specifically asked, ‘Were you the victim of abuse while incarcerated?’” said Duncan. “Her answer was ‘no.’ She was asked the same question in 2019. Same answer: No.”
“She denied it in 2001, she denied it in 2017, she denied it in 2019, because it did not happen,” said Duncan.
State says alleged victim isn’t ‘afraid anymore’
“Rape is about power and control,” began Assistant Attorney General Meghan Hagaman’s closing argument to jurors.
“Even her ‘no’ did not mean ‘no’ to that man,” said Hagaman, as she pointed at Malavet across the courtroom.
Hagaman pushed back against the defense’s assertion that Maunsell was motivated by money, arguing that Maunsell’s civil case against the state is “completely separate.”
“Natasha didn’t have to participate in the criminal case to get money in her civil case,” said Hagaman.
Hagaman also tried to quash any doubts the jury might have about Natasha’s credibility, arguing, “if this was something that she had made up a few years ago just so she could get a lawsuit to get all this money, you wouldn’t have all this corroboration.”
According to Hagaman, that corroboration includes the testimony of Maunsell’s father, who said Maunsell confided in him about the abuse years after she left YDSU.
Hagaman said Maunsell denied any inappropriate contact with Malavet during a 2002 investigation into whether Malavet had an inappropriate relationship with Maunsell because she feared retaliation.
“She was alone and afraid,” said Hagaman, “but she’s not a child anymore, and she’s not afraid anymore.”
Recorded interrogation
Earlier in the day, state prosecutors played an audio recording for jurors of police interrogating Malavet in 2021 as part of the attorney general’s larger criminal probe.
State Police Sergeant Kelly LaPointe confronted Malavet with the allegations against him in a conversation outside his workplace. Malavet was not aware he was being recorded at the time.
“So, you have people that thought it happened, and now it’s confirmed that it did happen. You see where I’m saying?” asked LaPointe in the audio recording, referring to the 2002 investigation which did not lead to criminal charges.
“I see what you’re saying, but it didn’t happen,” replied Malavet.
“You didn’t have sex with her in the candy room?” pressed LaPointe.
“Of course not.”
“The laundry room?”
“Of course not.”
“The clothing room?”
“Of course not.”
“The game room?
“Of course not.”
The recording was the only time Malavet’s voice was heard in the courtroom, as he did not take the stand during the trial.
Malavet is named as an abuser by at least five other civil plaintiffs in addition to Maunsell. The state has only charged him in connection with Maunsell’s allegations.
